Eviction Notice Delivery...Am I Going To Have A Problem?
I am trying to evict a tenant from my new home, I do not have any contracts with her, just bought it occupied as is at foreclosure. I am in NY state.
When the board of directors of the co-op the apartament is tried to give her the notice of lease termination, she did not want to take it, told them to leave it in the mail box, and after 10 minutes they saw her take it out of the box. I also mail it with regular and certified mail (my lawyer advised me to do so).
My question is am I going to have problems, since she refused to take the notice....The board of directors already signed affidavit depicting the situation? Thank you in advance for you answers!
Unfortunately not an option, I bought the place in May. She refuses to talk to me, and I am about to file petition with the loal court after Labor Day. The 30 days notice was over on August 31st.
you bought this place "as is where is" that means you get the good being a low price and the bad is The Tenant. Since you bought this property to be your own residence you have to inform the tenant of your intentions and at the same time you give her the NOTICE TO VACATE. This is your personal problem and the Board of Directors deal with other issues for the complex.You have to assume the responsibility to get her out. If she does not then start the Eviction.
Have you talked to the tenant face to face? She has no choice but to move out however she needs some time right? Give her 30 days.
Good Luck. Keep us posted
Konte
I sent you an email go to your profile and open it. Just relux there is nothing more you can do but wait for the eviction but you can enter, read my email
Konte.
The judge will award you a judgement for what ever sum of money she ows you then you give that to a collection agency for a % and they worry about while you concetrate in moving in. No more courts.
konte i could not read it, please write me on **Please See My Profile** And once again thank you so much!
Try posting to the forum for that purpose:
Paper / Notes / Mortgage Investing Forum
Insulating the attic,13" thickness,have tenants keep windows to their locked position after removing air condition units. I assume your buliding is quite old being in PA and unless you have replaced the old windows with double glass ones you loose a lot of heat in the winter. Insulating all hot water pipes in basement especially those near windows saves a lot in oil. Go in to each unit and check the thermostats,some tenants leave their unit leaving it set at 80 www.degree.Give a notice of entry for plumbing inspection reasons not for the thermostat setting.
I suggest also you put a cap on the price of oil included with the rent and anything over that the tenants share between them. Do you have year or month to month leases? On month to month this change will be in effect 30 days from the date of the notice, with year leases I am not sure if you can do that. Read your lease carefully to see if there is a clause for war conditions that gives you room for changes,if yes then you can do it, if not then ask your attorney. I have a $1.50 cap and I have no problem collecting but I do have month to month leases.
nyjosh, tenants are smart (slick is probably a better word). they place ice or a frozen dish rag on top of that plastic box and up goes the heat
Quote:
On 2005-08-27 13:31, suekostalas wrote:
nyjosh, tenants are smart (slick is probably a better word). they place ice or a frozen dish rag on top of that plastic box and up goes the heat
Right, what have landlords out there done to prevent/avoid this type of abuse?
are you anxious to sell? if yes then enter in to a "rent with option to buy " agreement . Have you set a sales price for the house? if yes tell him you will give him credit from the rent a % towards the down payment with a six month deadline. I suggest you talk to your attorney because you are entering in to a sales contract with out an agents protection.
lemur,
Crediting rent towards down payment is a common practice in lease-to-own scenarios. Often the buyer and seller have not consulted with a mortgage expert and find themselves unable to obtain financing using the terms they have put in their contract.
Just becasue the seller has agreed to credit rent towards the down payment does not mean that the guidelines for the loan the borrower is wanting to use to finance the property will allow it. For example the guidelines for conforming conventional loans only allow for a credit towards down payment for rent paid in an amount over and above the "market" rent as determined by the appraiser. You can see what sort of problems this could cause.
Say the rent is $1,000/mo and the seller agrees to credit $500/mo towards the down payment on a purchase price of $100,000. A year goes by and the buyer applies for the loan. An appraisal is done and the property appraises for $100,000 and the appraiser says the "market" rent is $1,200. None of the rent credit can be used towards down payment. The only alternative to use that financing is for the seller to lower the sales price to $94,000 and/or pay some of the closing cost. But the buyer will have to come up with a down payment themselves or qualify for 100% financing.
An alternative is to use some form of nonconforming financing that will alow the transaction to be treated as a "refinance" for purposes of computing the buyers equity in the transaction (down payment). In that case the Loan-to-Value (LTV) will be determined by the loan amount divided by the appraised value. Using the numbers from above, the loan amount would be $94,000 and the LTV would be 94%.
Statistically, the chances of an option being exercised are not good. The issue is that whatever is preventing qualification for a loan now are likely to still be troublesome at the end of the option period.
Please note: Rent with Option to buy has a dealine and that simply means the buyer has that ,and only that time to come up with the finacing, if he does not then there is no credit to be applied toward purchase because there is no sale. Nothing to gain, nothing to loose. If you have to sell inform your tenants of your intentions giving them plenty of notice.